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HomeMy WebLinkAbout1999-05-04 Town Council MinutesVAIL TOWN COUNCIL - MINUTES • TUESDAY, MAY 4, 1999 7:00 P.M. The regular meeting of the Vail Town Council was held in the Town Council Chambers on Tuesday, May 4, 1999. The meeting was called to order at approximately 7:00 P.M. COUNCIL MEMBERS PRESENT: Ludwig Kurz, Mayor Pro-Tem Bob Armour Michael Arnett Kevin Foley Sybill Navas COUNCIL MEMBERS ABSENT: Rob Ford, Mayor Michael Jewett STAFF MEMBERS PRESENT: Bob McLaurin, Town Manager Tom Moorhead, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Kurt Davis, a local resident of East Vail, presented a petition, signed by 166 citizens, to the Town Council regarding the Vail Meadows Filing 2, Lots 1-4, and Lots 5, 6, 7, 8, 9, 10 and 12. The petition requests the Town reject any future zoning requests for any type of residential or buildable -type zoning. He stated the lots are presently zoned agricultural -open space. He also explained that the properties • should not be rezoned for development because of their steepness, saturation of the soil issues, wetland issues, and mature landscaping. He would like the Town Council to consider purchasing these lots and preserving them as open space. Bob McLaurin stated this issue should be handled through the Council follow-up procedure and said Russell Forrest, Director of Community Development will respond to this issue. Council member Sybill Navas stated the Open Space Committee recently met and will be forwarding its recommendations regarding protected open space designations and possible purchases of several parcels for open space. The second item on the agenda was the Consent Agenda: A) The approval of the Town Council meeting minutes of April 6 and April 20, 1999. Discussion about the name change of one of the community members on the burn control issue was discussed. The Town Clerk will correct. There was also discussion regarding the April 20, 1999 meeting minutes and the wording of the voting count for one of the agenda items. Council member Bob Armour made a motion to approve the meeting minutes of April 6, 1999, changing the name from Sue Dugan to Sue Rychel and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. • 1 Vail Town Council Minutes May 4, 1999 Council member Bob Armour made a motion to table the approval of the meeting minutes of • April 20, 1999 to the June 1, 1999 Town Council evening meeting, and Council member Kevin Foley seconded the motion. A vote was taken and the motion to table was passed, 5-0. The third item on the agenda was first reading of Ordinance No. 12, Series of 1999, An Ordinance Amending A Special Development District - SDD No. 30 (Vail Athletic Club) And Repealing A And Reenacting Ordinance No. 3, Series Of 1998, To Allow For A Change In The Number Of Dwelling Units/Accommodation Units, Modifications In Square Footage And GRFA; And Amending The Development Plan In Accordance With Title 12, Chapter 9, Of The Vail Municipal Code And Setting Forth Details In Regard Thereto. Dominic Mauriello, Chief of Planning, stated the applicant has submitted a request for a major amendment to Special Development District (SDD) #30. This amendment would allow for a reduction in the current number of accommodation units (AU's) from 54 to 46 or 48; and increase in the number of dwelling units (DU's) from 3 to 4, with the new dwelling unit containing one lock -off unit. The proposed changes are due to financial constraints and the desire to construct larger accommodation units, which the applicant said are more suitable for a first class boutique hotel. The applicant is asking for some flexibility in the exact number of accommodation units so that final design and cost can determine whether they provide 46 AU's or 48 AU's. Forty-eight is the maximum number they can have based on parking requirements. Additionally, they are requesting an increase of the gross residential floor area (GRFA) of a unit. The owner of a condominium on the fifth floor (Angelo) is proposing to add a dormer and 713 sq. ft. of GRFA to their unit. This condominium owner is entitled to add this space and dormer under the interior conversion ordinance, Section 12-15-4. The conversion ordinance was • passed last year regardless of this SDD amendment, however, the owners have agreed to bring this request forward with the Vail Athletic Club application so that it can be viewed with the other improvements. Dominic reviewed the changes and percentages of increases and decreases of the project with the Council, and said the final hotel room design has not been completed and therefore there could be minor shifts in floor area to accommodate maid storage and other necessary common area improvements. The proposed changes to the building do not result in an amended footprint or modifications to the site plan. The previously approved site plan and conditions of approval are still proposed to be carried forward. The building elevations are modified by the addition of several dormers on the south and north elevations of the building and the enclosure of areas that were previously balconies. The DRIB will be required to review these changes to the building. Overall the changes are minor in terms of bulk and mass or impacts on adjacent properties. The proposed building continues to meet the definition of a lodge with 64% of the GRFA devoted to accommodation units and 36% devoted to dwelling units, including the lock - off. He also said in 1998 Council changed the expiration date of the 1998 approval. The applicant has requested the expiration be moved to May of 2001 instead of May of 2000. Stan Cope, General Manager for the Vail Athletic Club, expressed a sincere and heartfelt apology to the Town Council for bringing another amendment before the Town Council. He said it was difficult to make the current development plan work with construction costs, high risks and resale units. He summarized that they are still doubling the AU's square footage in the building and decreasing the DU's almost 50%. He stated that building code requirements increased the cost of the development, the average size of the rooms also increased substantially. Larger rooms are in high demand. The intent is to make the rooms more in keeping with a higher end, 2 Vail Town Council Minutes May 4, 1999 four -star property and stay competitive in the market. There is formidable marketing for rooms in Vail and the owner is committed to funding quality for this facility. The bottom line is the applicant wants to have a high quality project. Council member Mike Arnett asked if the target square footage of the units were 500 sq. ft. Stan Cope said the units would be from 400 to 700 sq. ft. Council member Bob Armour asked about the changes in percentage in the AU GRFA from 1993 being down 23.7% and down 3.3% from 1998. Was this attributed to the fact they allowed off -site EHU's? Stan said they focused on four individual units, each designed for one individual for seasonal housing. They were not focused on square footage. As they configured the building, there was not a conscious effort to reduce the units. Further discussion ensued regarding the GRFA increase for the dormer addition and DRB review. Council member Sybill Navas stated she has a concern about moving the date to May 2001. She asked Dominic what would happen if the time lapsed and the development was not done. Dominic said the approval would expire and the applicant would have to start all over with the approval process. . Mayor Pro-tem Ludwig Kurz and Council member Kevin Foley said they also had the same concern of extending the deadline date. They want the applicant to start now. Stan Cope said that wasn't an unreasonable request. He explained he requested the extension date because of the track record the applicant has so far. He would like to discuss this with the owner and come back to the Town Council in two weeks. Mayor Pro-tem Ludwig Kurz asked for clarification on the 46 or 48 AU's. He said this is very flexible based on the design constraints of the building. Stan said the flexibility is necessary to allow for configuration of the rooms and is based on whether they need two doors or one door for one or two AU's. He said it is important to note the footprint of the building doesn't change, the ridge line doesn't change and the landscaping doesn't change. Mayor Pro-tem Ludwig Kurz asked if the landscaping in the current amendment was going to be completed regardless of whether the project continues or not. Stan said the sidewalk, retaining wall, gardening and landscaping will be done this summer. In addition, two street lamps will be installed to match the town lamps. He said there would not be any sidewalks from the front of the building to the west. .Jim Lamont, representing the East Village Homeowners Association (EVHOA), stated the EVHOA has protested this project through the history of the project. He also said they were in a lawsuit in 1993-1994. In the decision of the district court, during the review process, the town is 3 Vail Town Council Minutes May 4, 1999 has to take into consideration the Vail Village Master Plan documents. This zone district did not . allow the kind of uses and expansions such as this in other areas. He stated that Dominic explained in the memorandum that one of the reasons for the amendment was because of financial constraints. He asked if this statement was based on information from the applicant or did it come from staff. He said he knows several people who would love to use financial constraints as a reason for amendments to development proposals. He stated the economics of a development should not be included for consideration. He said he has been opposed to SDD's because they are a grant of special privilege. He understand the need for flexibility for the AU's but to use the addition of a DU for monetary gain would be difficult to justify. This would set a very dangerous precedent to approve the amendment based on financial constraints for this project. He stated he was not in favor of extending the project date to May 2001. He explained that other projects have had to go through the process again because they missed the deadline. He doesn't want this extension because he would consider it to be a grant of special privilege. Art Apblanalp, representing Ronald Robertson, a Mountain Haus condominium owner, said to reject the amendment because of the bulk of the building. He explained the history of what has happened before with this project. He said the developer said there would only be three of the original 10 AU's on the top floor. That is more than 50% relief of the AU requirements. He quoted from a letter written by Jim Lamont on July 24, 1995. They doubt the sincerity of the developer's intentions. He said the developers request for additional time suggests that there is a strategy to cull greater profits to the developer and not comply with the town's requirements. He said the project elevations on north and south side of 1995 approval are missing. He said there were eight dormers identified in the memorandum. He said on the right side of the building there were only five dormers in the beginning. He disagrees that there is not a major • change in the bulk and mass of the building. He said in 1993 and 1995 there was more mass and more vertical added for more hotel rooms. This was a quid pro quo. Now there have been seven hotel rooms removed. This is not the way the system is supposed to work. He agreed with Jim Lamont's statement that the town has a commitment with the developer to May 2000. If the project is not developed by then, it should go back to square one. The applicant is asking to undo the requirements of the 1993 and 1995 approvals. He said it's not worth a second reading, and wants Council to think about the package presented to them by the developer. He wants the Town Council to make the developer live by the present requirements. Stan Cope said he wanted to respond to the comments made by Jim and Art. First, the justification of the financial position of the developer was for clarification purposes to the Council only. He said the AU's would be doubled with this proposal, the additional 10,000 sq. ft. is over 100% of what they have now. Any amendment process to the SDD is like starting over. He also stated that the rejection of this proposal by a Mountain Haus owner tonight was the first time he has heard of it. The additional dormers do not increase the mass of the building. Dominic said the financial concerns are in the description portion of the PEC memorandum, and was not listed under the criteria section because it wasn't a consideration. Mayor Pro-tem Ludwig Kurz asked if there are balconies being added below dormers that were not there before. Larry Eskwith, a local attorney, said the owners don't care whether there is a balcony there or not. He said John Perkins, the architect for the project, put them in for design purposes. 0 4 Vail Town Council Minutes May 4, 1999 Dominic reiterated that the final design would have to go through the DRB process. Council member Sybill Navas said the plans from 1998 were not given to Town Council, she only has the 1993 plans. Dominic displayed and reviewed the 1998 plans with the Town Council for comparison. Council member Mike Arnett stated the proposed reduction of the AU's from last year's approval is contrary to the Land Use Plan and the Vail Village Master Plan. The changes to the north elevation of building are not minor. He thinks the plans should have gone through the DRB process before the Council reviewed them. He said the SDD process is getting out of hand. It is almost a given that the developers can get endless extensions. He said it would be a grant of special privilege. Council member Bob Armour made a motion to deny Ordinance No. 12, 1999, Series of 1999, and Council member Kevin Foley seconded the motion. Further discussion ensued. Bob Armour said he has been in several discussions about the SDD process. He said the Land Use Plan and the Vail Village Master Plan state the AU's are important. He thanked Dominic for drafting the memorandum in detail so the Council could review it better. He said the changes being proposed decrease the conference area by 105%. He also said he thinks five different plans in seven years are too many changes. The 1993 plans and the 1998 plans state the AU's are permanently restricted. He said the Town of Vail has looked at increasing the number of • AU's in town. This proposal does not increase the AU's in town. He is not in favor of changing the current SDD. Council member Sybili Navas stated she has mixed feelings on this proposal. She is distressed at the five changes in seven years and not getting any changes at all. She said she is hesitant to deny the application, because there is a potential loss of 22 AU's. She appreciates Stan's statement on the need for larger units. If this proposal produces a better product, she is not concerned there are fewer units. However, she also is concerned the condominium proposed is 3,700 sq. ft. and is displacing AU's. The reality of it is that they want a product that works. The public improvements needed to happen yesterday. She asked what happens to the improvements if the proposal is denied. She would keep the date to May of 2000 if they were to approve this ordinance. She said she would vote against the motion as it stands. Mayor Pro-tem Ludwig Kura asked for clarification of the remedial improvements. Dominic said the applicant is planning on submitting for a building permit this summer with additional improvements. Council member Kevin Foley said last year's approval was a good one and he doesn't see why they can't move forward with that proposal. He said he would vote against approving this proposal. Mayor Pro-Tem Ludwig Kurz said he agrees with Bob Armour's comments. He said the five changes don't concern him as much as the changes are not moving the project in the stated 0 5 Vail Town Council Minutes May 4, 1999 goals of adding AU's to the market. He also said it is not the Council's purview to deal with the . economic status of developments. This would be considered a grant of special privilege. Stan asked the Council to table the proposal. He is confused about some of the issues and wants better clarification of what the Council wants to see. He said the count on AU's is not clear. Does the Council want to see 54 smaller rooms? Council member Mike Arnett said if you take the target square footage of 463 sq. ft. from last year's AU's, which was approved, that is the average square footage of each room. Stan said that is if the AU's wouldn't be converted into DU's, which is what is being requested. Council member Sybill Navas reiterated that she is concerned with the square footage of the AU's going backward to add a dwelling unit. Council member Bob Armour said he would consider a reduction of AU's if they are larger units but not if a free market unit replaces the AU's. He said there are very few live beds in town. Larry Eskwith, representing the Angelo's, owner of the dwelling unit requesting the dormer addition at the Vail Athletic Club asked if the motion to deny the proposed ordinance had a provision to exclude the Angelo's request for the conversion from this denial. He said the Angelo's have a right to submit their proposal as a separate project. Council member Bob Armour said the Angelo's could go to the DRB through a separate, DRB application process. Council member Sybill Navas said the applications should be reviewed with any amendments to the SDD. Council member Bob Armour said they could still be reviewed with the amendment proposals. Council member Sybill Navas made a motion to table this ordinance. The motion died for lack of a second motion. Council member Bob Armour again made a motion to deny Ordinance No. 12, Series of 1999 on first reading, and Council member Kevin Foley seconded the motion. A vote was taken and the motion to deny carried, 4-1, Councii member Sybill Navas against. The fourth item on the agenda was first reading of Ordinance No. 13, Series Of 1999, an Ordinance Of The Town Of Vail, Eagle County, Colorado Granting A Franchise To Holy Cross Energy, Its Successors And Assigns, To Locate, Build, Install, Construct, Acquire, Purchase, Extend, Maintain, Repair And Operation Into, Within And Through The Town Of Vail, All Necessary And Convenient Facilities For The Purchase, Generation, Transmission And Distribution Of Electrical Energy, And To Furnish, Sell And Distribute Said Electrical Energy To The Residents Of The Town Of Vail For Light, Heat, Power And Other Purposes By Means Of Conduits, Cables, Pales And Wires Strung Thereon, Or Otherwise On, Over, Under, Along, Across And Through All Streets And Other Public Ways In Said Town Of Vail, And Fixing The Terms And Conditions Thereof. 0 6 Vail Town Council Minutes May 4, 1999 Bob McLaurin, Town Manager, stated the document meets the Town of Vail needs and the needs of Holy Cross Energy. Richard Brinkley, representing Holy Cross Energy, said a Community Enhancement Fund had been added to the franchise agreement. Some of the programs funded by this program would be undergrounding existing overhead lines, sponsorship of special community events and energy conservation projects. Other projects that would fall under one of seven categories listed in the agreement. Council member Mike Arnett stated this was at no additional cost to the consumer and is a great deal. Mayor Pro -tern Ludwig Kurz asked how the Town of Vail franchise fee compares to other municipalities. Bob McLaurin said most cities have a 3% franchise fee, which is what the Town of Vail has presently. He stated there was a breakdown of fees in the town manager's report. Mayor Pro -tern Ludwig Kurz asked what the costs would be if the franchise fee increased from 3% to 4%. Bob McLaurin said the impact to residential consumers would be an average increase of $8 annually and the average increase to commercial users would be $45 annually. He stated that the additional one percent increase would add $100,000 annually to the town's general fund and asked the Town Council to consider increasing the franchise fee to 4%. 9 Council member Kevin Foley asked what was the term for the last franchise fee. Bob McLaurin stated the last franchise agreement was for 20 years and this one is for 25 years. Mayor Pro -tern Ludwig Kurz questioned the term of the franchise fee and if it could be amended from 25 to 20 years. Tom Moorhead said yes it could be amended. Further discussion ensued regarding retail billing and energy supply services. Tom Moorhead said the town charter limits franchise terms to 20 years. Council member Mike Arnett made motion to approve Ordinance No. 13, Series of 1999 on first reading with the condition that the term length be changed to 20 years, Council member Sybill Navas seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The fifth item on the agenda was second reading of Ordinance No.11, Series of 1999, an ordinance repealing and re-enacting Ordinance No. 23, Series of 1998 and Ordinance No. 1,1999, to provide for amendments to Development Area A, Cascade Village, that concern the Approved Development Plan for the Westhaven Condominiums Development Site and the accessory and conditional uses allowed in the Vail Cascade Club & Hotel, and setting forth details in regard thereto. 0 Vail Town Council Minutes May 4, 1999 George Ruther, stated there were several changes were made to this ordinance from first reading and reviewed the changes. Council member Kevin Foley asked what the Type III EHU means and what does it do for the town. Council member Bob Armour stated it dictates the size of the unit. Further discussion ensued. Council Member Mike Arnett made a motion to approve Ordinance No. 11, Series of 1999 on second reading, Council member Kevin Foley seconded the motion. A vote was taken, the motion passed unanimously, 5-0. The sixth item on the agenda was Resolution No. 6, Series of 1999, a Resolution Adopting Two -Tier System Of Qualifications For The Purchase Of Unit 36, East Vail Lodging. Tom Moorhead, Town Attorney, stated that Unit 36, Vail East Lodging (A Condominium) has been purchased by the Town of Vail as the first affordable housing "buy -down" unit and is presently being offered for sale with deed restrictions to a qualified buyer at a reduced price of $140,000, This sales price is comparable to the purchase prices developed for buyers of the Red Sandstone Town Homes and are consistent with other deed restricted programs established by the Town of Vail. He explained the potential purchaser conditions for qualification to purchase the unit at the deed -restricted price. The conditions are that they must currently own no other real estate in Eagle County; use the residence as an owner -occupied primary home; work in Eagle County a minimum of thirty (30) hours per week over the course of a year and plan to continue working that same amount until the sale of the property or retirement; and agree to a re -sale cap of three (3%) percent annual appreciation. These deed restrictions are consistent with the Vail Commons and Red Sandstone units. This is the only unit in this condominium complex that would have this restriction. This unit is subject to the rights of first refusal held by other condominium unit owners in the Vail East Lodging Association. In order to recognize this right of first refusal and enable present owners to qualify for purchase of this unit, it is suggested that the unit be available to a second tier purchaser free from any qualifications or deed restriction. The second tier to be a free market purchase price will be a minimum of fair market value plus any additional costs incurred by the Town during its time of ownership. In the event the unit is sold at the fair market price there would be no deed restrictions on the unit. There would be a minimum bid of $162,500, which is the fair market value based on the town's purchase price, plus additional expenses .incurred by the town. Council member Kevin Foley made a motion to adopt Resolution No. 6, Series of 1999, and Council member Sybill Navas seconded the motion with the correction as stated by Tom Moorhead. A vote was taken and the motion passed unanimously, 5-0. The seventh item on the agenda was the Town Manager's Report. There was nothing additional to the report. is 8 Vail Town Council Minutes May 4, 1999 As there was no further business, a motion was made by Council member Mike Arnett to Ig adjourn the meeting and Council member Kevin Foley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. The meeting was adjourned at 9:10 p.m. Respectfully submitted, Arr�EOf7 ;« E Ludwig Kurz Mayor Pro -Tern alei �. naldson Town Clerk • 9.__ Vail Town Council Minutes May 4, 1999 • WORK SESSION MINUTES Tuesday, May 4, 1999 2:00 P.M. Town of Vail Council Chambers What follows will reflect motions and actions taken by the Vail Town Council at their regular work session on May 4, 1999. All members were present with the exception of Rob Ford and Mike Jewett. Item No. 1, A request for a lease agreement to allow the Platz't Bar to operate an outdoor seating area on Town of Vail property. On April 21, 1999, the Design Review Board conditionally approved the outdoor seating area at the Platz'l Bar located within the Austria Haus. One of the conditions of approval was that the applicant execute a lease agreement with the Town prior to installing the improvements. Council toured the site and upon returning to the Council Chambers agreed to a five year lease starting at $4.59 per square foot a year, based on CP1, with a request to also obtain the exact square footage for this deck area. A motion was made by Mike Arnett, with a second from Kevin Foley. The motion passed 5-0. Item No. 4, Decision on Lionsridge LoopBuffehr Creek Road Street Project. A motion to approve the base bid for the Lionsridge Loop project was made by Bob Armour, with a second from Mike Arnett. The motion passed 5-0. PABIaw